Legal Question in Family Law in California
I have a question about a restraining order that I am not directly a part of but it does directly affect me.
My ex wife has recently been granted a restraining order keeping my father away from our daughter, 100 yards to be exact. My ex has told me that because the house that I will be living in (recently signed a lease) is less than 100 yards from a street that is 1 of 2 exits from my dad's housing track, that my daughter cannot be at my house now as it is in violation of the restraining order. Now mind you my house is in a culdesac and the street my ex wife is referring to is across my street I live on, and then through the property of 2 houses, and then it is the street the my father could possibly be driving on. Is there any merit in her stating that my daughter can no longer go to my house because a street that my house is not even on is less than 100 yards?
Also, is the 100 yards "as the crow fly's" or is it path, meaning we have to measure the actual driving path to that street that is in question?
2 Answers from Attorneys
Go to court and ask for a modification of the restraining order. Ask the judge to make it 75 yards instead of 100 yards, explaining why.
You need to first determine the distance between your house and your father's house (NOT a street that provides access to your father's house). As long as there is at least 100 yards between your house and your father's house, the order is not being violated. Good Luck.
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